The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-05-05
VOLUMINOUS CORRESPONDENTS
BROUGHT DOWN
BY the Canadian Minister OF Fisher.
ies-A Copy Of the Outline
for the Proposed
"4D INTERIM" BETWEEN THE
GOVERNMENTS
Prepared by Secretary Bayard-A
&lxed Commission Suggested to
Overcome the Differences.

correspondence yesterday afternoon.
1t is bulky volume, covering q Pc
Rod from 1884 down to very recent
date. Much OF the correspondence
has already appeared, and it is only
the later dispatches which are OF pub
lie interest at this time. Following
the recent negotiations for q settle
ment OF the existing difficulties, it ap-
pears that on December 80, last, Mr..
Phelps, United States Minister at Lon
don, transmitted to the imperial
government copy Of an outline for
the proposed ad interim arrangement
between thetwo governments ON this
subject, which has been prepared by
Secretary Baysrd. After recitipg the
differences which had arisen in regard
to the Interpretation OF the treaty of
1878 Secretary Bsyard proposed a
mixed commission for the following
purposes:
FirSt-To aRree upon and establish
by a seriee of lines the Limit which
shall separate exclusive from common
right OF fishing on the coasts and in
the adjacent waters Of the British
North American colonies, in conform
ity with the first article of the conven-
ton OF 1918, except that the bays and
harbors from which American fisher
men sre IN future to be excluded, save
for purposes for which entrances into
bays and hsrbors are to be permitted
by said article, are hereby agreed to be
taken to be such bays and hsrbors as
are ten miles or less than ten miles in
Width, aud a distance of ten marine
miles from euch bays and harbors
shall be measured from straight line
across the bay or halbor, in the part
nearest the entrance at the first point,
where the width does not exceed ten
miles, the lines to be regularly num-
bered, duly described and also clearly
marked on charts prepared in dupli.
cate for the purpose.
Second-To sgree upon and eetab-
lish such regulations as may be neces,
cary and proper to securs to the fish
ermen of the United States the priv
ege of entering the bays and harbors
for the purpose Cf shelter, and of re-
pairing damages therein, of puIchas-
ing wood and # obtaining water. and
to establish restrictions 10 prevent the
abuse of The privileges reserved by
said convention to the fishermen Of
the United States.
Third-To agree upon and recon-
mend penaltie, 10 be adjudged aOd
such eediDgs and jurisdiction as
may be nee ssary to secure speedy
trial and judgment for violators of
rights AID trausgressors of limits and
restrictions which may be adopted.
Pending definite sr aogement there
was to be an abstention from selling
United States fishing VESSELS unless
found within three marine miles of
Canadian coast.
Mr.. Bsyard further proposed that
each country should send q national
vessel to the gulf and TO the south
coast of Nova Scotia TO superintend
the fishing operations, and to hear and
examine into any cases of dispute
which might arise. 1t is also suggest.
ed that fishing vessels of the United
States are to have in Canadian ports
the same privileges as other vessels of
the United States, including the pur-
chase Of bait and other supplies, and
that the Government of Great Britain
is to release all United States fishing
vessels now under seizure for failing
to report at the custom houses, and to
refund all the fires exacted for such
failures. A copy of this dispatch
was duly forwarded to Canada and.
under date of December 28th, Lord
LansdowEe forwarded the reply of the
Canadian Government with regard to
the frs article in the Baysrd proposal.
1t says: This reservation involves the
surrender OF the exclusive right OF
fiehing in bays which have hitherto
been regarded as beyond all question
within the territorial waters of Can
ada. SucN, for instance, ss the right
of fishing in the inner waters Of the
Bale des Chsleurs at points forty or
fifty miles from its mouth, which,
roughly speaking, may be said to be
less than twenty miles wide at its
opening.
Article 2 If the memorandum pre-
Judges in favor of the United States
one of the most important of the
points which have been in dispute by
deciding adversely to the Canada en-
struction which is to be placed upon
the Imperial and Canadian statutes,
the proper Interpretation of which Is
at this moment subject of litigation
before the Canadian courts.
Article was objectt to as likely to
lead to frustrating the ends OF juslire.
Article preiudges in favor of the
United States an important question
which has arisen as to the commercial
privileges to which United States fish,
ing vessels are entitled while in Cana
dian waters. The history OF the nego-
tiations which preceded the convention
of 1878 makes it perfectly clear that
the purchase of bait was not one OF
the purposes for which it was in
tended that United States fishing YES
sells should have the right of entering
Canadian waters.
1t is proposed by Mr.. Baysrd, in the
in the article under consideration, that
this point alec, should be decided in
anticipation against the Dominion
without further discussion. Under
Article 8, 1t is assumed that
seizure and detentions which have
taken place during the past season in
consequences Of noncompliance by
United States fishermen with the Gus.
toms laws Of Canada, have in all cases
involved violation of the treaty OF
1918 by the Canadian authorities, and
the Canadian Government was in effs ct
asked before going into court to plead
guilty to sill counts contained In this
part of the Indictment against us.
Then Mr.. Bayard's proposal amounts
TO this, that the government of the
Dominion is TO submit its conduct in
the past and it's rights in the future to
the srbitrsment of a commission,
without any assurance whatever that
the communications of that commits
sion are likely to be accepted by Con-
gress, and that before the INQUIRY
commences it is to place upon the re c.
ord an admission that il has been ia
the wrong upon all the most impor.
tant points in the controversy. Such
admission would involve a public re-
nunciatiou Of substantial aEd valuable
rights and privileges for all time, with
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